Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Zamil Shah in case crime no. 1109 of 2009, under Sections 457, 380, 411 IPC, P.S. Chirgaon, District-Jhansi, with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that the first information report was registered against the unknown persons about theft of ornaments and other articles from lockers and strong rooms of the Bank. The F.I.R. was registered on 30.11.2009, whereas the alleged recovery of payal has been made at his instance by the police on 7.3.2010. The applicant has been falsely implicated in the presence case. The co-accused have already been released on bail by another bench of this Court. In case the applicant is enlarged on bail, he will not misuse the liberty of bail. Per contra the learned A.G.A. has opposed the bail application by contending that in case the applicant is enlarged on bail he will misuse the liberty of bail. The applicant is in jail since 02.03.2010.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Zamil Shah involved in case crime no. 1109 of 2009, under Sections 457, 380, 411 IPC, P.S. Chirgaon, District-Jhansi, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 AN